Mahtab Taghipourian v. Target Corporation et al

Filing 16

STANDING PROTECTIVE ORDER by Magistrate Judge Jean P. Rosenbluth re Stipulation for Protective Order 15 . (See Order for details) (bem)

Benjamin R. Trachtman, Esq. (SBN 137458)
[e-mail]
Kelli A. Trachtman, Esq. (SBN 136888)
TRACHTMAN & TRACHTMAN, LLP
23046 Avenida De La Carlota, Suite 300
Laguna Hills, CA 92653
Telephone: [phone]
Facsimile: [phone]

1
2
3
4
5

Attorneys for Defendant TARGET CORPORATION

6
7
8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10
11
12
13
14
15
16
17
18
19
20

) CASE NO. SACV13-01848 AG (JPRx)
)
)
Plaintiff,
)
) STANDING PROTECTIVE ORDER
vs.
)
)
TARGET CORPORATION, a
)
Minnesota Corporation; and DOES )
1 through 100, inclusive,
)
)
Defendants.
)
)
)
)
MAHTAB TAGHIPOURIAN, an
individual,

1.

PURPOSE AND LIMITS OF THIS ORDER

21

Discovery in this action is likely to involve confidential, proprietary, or

22

private information requiring special protection from public disclosure and from

23

use for any purpose other than this litigation. Thus, the Court enters this Protective

24

Order. This Order does not confer blanket protections on all disclosures or

25

responses to discovery, and the protection it gives from public disclosure and use

26

extends only to the specific material entitled to confidential treatment under the

27

applicable legal principles. This Order does not automatically authorize the filing

28

under seal of material designated under this Order. Instead, the parties must

-1___________________________________________________________

STANDING PROTECTIVE ORDER

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

comply with L.R. 79-5.1 if they seek to file anything under seal. This Order does
not govern the use at trial of material designated under this Order.
2.

DESIGNATING PROTECTED MATERIAL
2.1

designates

Over-Designation Prohibited. Any party or non-party who
information

or

items

for

protection

under

this

Order

as

“CONFIDENTIAL,” “HIGHLY CONFIDENTIAL – ATTORNEY EYES
ONLY,” or “HIGHLY CONFIDENTIAL – SOURCE CODE” (a “designator”)
must only designate specific material that qualifies under the appropriate standards.
To the extent practicable, only those parts of documents, items, or oral or written
communications that require protection shall be designated. Designations with a
higher confidentiality level when a lower level would suffice are prohibited. Mass,
indiscriminate, or routinized designations are prohibited. Unjustified designations
expose the designator to sanctions, including the Court’s striking all confidentiality
designations made by that designator. Designation under this Order is allowed only
if the designation is necessary to protect material that, if disclosed to persons not
authorized to view it, would cause competitive or other recognized harm. Material
may not be designated if it has been made public, or if designation is otherwise
unnecessary to protect a secrecy interest. If a designator learns that information or
items that it designated for protection do not qualify for protection at all or do not
qualify for the level of protection initially asserted, that designator must promptly
notify all parties that it is withdrawing the mistaken designation.
2.2

Manner and Timing of Designations. Designation under this Order

requires the designator to affix the applicable legend (“CONFIDENTIAL,”
“HIGHLY CONFIDENTIAL – ATTORNEY EYES ONLY,” or “HIGHLY
CONFIDENTIAL – SOURCE CODE”) to each page that contains protected
material. For testimony given in deposition or other proceeding, the designator
shall specify all protected testimony and the level of protection being asserted. It
may make that designation during the deposition or proceeding, or may invoke, on
-2___________________________________________________________

STANDING PROTECTIVE ORDER

1
2
3

the record or by written notice to all parties on or before the next business day, a
right to have up to 21 days from the deposition or proceeding to make its
designation.

4
5
6
7
8
9
10
11

2.2.1 A party or non-party that makes original documents or
materials available for inspection need not designate them for protection
until after the inspecting party has identified which material it would like
copied and produced. During the inspection and before the designation, all
material shall be treated as HIGHLY CONFIDENTIAL – ATTORNEY
EYES ONLY. After the inspecting party has identified the documents it
wants copied and produced, the producing party must designate the
documents, or portions thereof, that qualify for protection under this Order.

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2.2.2 Parties shall give advance notice if they expect a deposition or
other proceeding to include designated material so that the other parties can
ensure that only authorized individuals are present at those proceedings
when such material is disclosed or used. The use of a document as an exhibit
at a deposition shall not in any way affect its designation. Transcripts
containing designated material shall have a legend on the title page noting
the presence of designated material, and the title page shall be followed by a
list of all pages (including line numbers as appropriate) that have been
designated, and the level of protection being asserted. The designator shall
inform the court reporter of these requirements. Any transcript that is
prepared before the expiration of the 21-day period for designation shall be
treated during that period as if it had been designated HIGHLY
CONFIDENTIAL – ATTORNEY EYES ONLY unless otherwise agreed.
After the expiration of the 21-day period, the transcript shall be treated only
as actually designated.
2.3

Inadvertent Failures to Designate. An inadvertent failure to

designate does not, standing alone, waive protection under this Order. Upon timely
-3___________________________________________________________

STANDING PROTECTIVE ORDER

1
2
3

assertion or correction of a designation, all recipients must make reasonable efforts
to ensure that the material is treated according to this Order.
3.

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

CHALLENGING CONFIDENTIALITY DESIGNATIONS
All challenges to confidentiality designations shall proceed under L.R. 37-1

through L.R. 37-4.
4.

ACCESS TO DESIGNATED MATERIAL
4.1

Basic Principles. A receiving party may use designated material only

for this litigation. Designated material may be disclosed only to the categories of
persons and under the conditions described in this Order.
4.2

Disclosure of CONFIDENTIAL Material Without Further

Approval. Unless otherwise ordered by the Court or permitted in writing by the
designator,

a

receiving

party

may

disclose

any

material

designated

CONFIDENTIAL only to:
4.2.1 The receiving party’s outside counsel of record in this action
and employees of outside counsel of record to whom disclosure is
reasonably necessary;
4.2.2 The officers, directors, and employees of the receiving party to
whom disclosure is reasonably necessary, and who have signed the
Agreement to Be Bound (Exhibit A);
4.2.3 Experts retained by the receiving party’s outside counsel of
record to whom disclosure is reasonably necessary, and who have signed the
Agreement to Be Bound (Exhibit A);
4.2.4 The Court and its personnel;
4.2.5 Outside court reporters and their staff, professional jury or trial
consultants, and professional vendors to whom disclosure is reasonably
necessary, and who have signed the Agreement to Be Bound (Exhibit A);

27
28

-4___________________________________________________________

STANDING PROTECTIVE ORDER

1
2
3

4.2.6 During their depositions, witnesses in the action to whom
disclosure is reasonably necessary and who have signed the Agreement to
Be Bound (Exhibit A); and

4
5
6
7
8
9
10
11
12

4.2.7 The author or recipient of a document containing the material,
or a custodian or other person who otherwise possessed or knew the
information.
4.3

ONLY and HIGHLY CONFIDENTIAL – SOURCE CODE Material
Without Further Approval. Unless permitted in writing by the designator, a
receiving party may disclose material designated HIGHLY CONFIDENTIAL –
ATTORNEY EYES ONLY or HIGHLY CONFIDENTIAL – SOURCE CODE
without further approval only to:

13
14
15

4.3.1 The receiving party’s outside counsel of record in this action
and employees of outside counsel of record to whom it is reasonably
necessary to disclose the information;

16

4.3.2 The Court and its personnel;

17
18
19
20

4.3.3 Outside court reporters and their staff, professional jury or trial
consultants, and professional vendors to whom disclosure is reasonably
necessary, and who have signed the Agreement to Be Bound (Exhibit A);
and

21
22
23
24
25
26
27

Disclosure of HIGHLY CONFIDENTIAL – ATTORNEY EYES

4.3.4 The author or recipient of a document containing the material, or
a custodian or other person who otherwise possessed or knew the
information.
4.4

Procedures for Approving or Objecting to Disclosure of HIGHLY

CONFIDENTIAL

–

ATTORNEY

EYES

ONLY

or

HIGHLY

CONFIDENTIAL – SOURCE CODE Material to In-House Counsel or
Experts. Unless agreed to in writing by the designator:

28

-5___________________________________________________________

STANDING PROTECTIVE ORDER

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

4.4.1 A party seeking to disclose to in-house counsel any material
designated HIGHLY CONFIDENTIAL – ATTORNEY EYES ONLY must
first make a written request to the designator providing the full name of the
in-house counsel, the city and state of such counsel’s residence, and such
counsel’s current and reasonably foreseeable future primary job duties and
responsibilities in sufficient detail to determine present or potential
involvement in any competitive decision-making. In-house counsel are not
authorized to receive material designated HIGHLY CONFIDENTIAL –
SOURCE CODE.
4.4.2 A party seeking to disclose to an expert retained by outside
counsel of record any information or item that has been designated
HIGHLY CONFIDENTIAL – ATTORNEY EYES ONLY or HIGHLY
CONFIDENTIAL – SOURCE CODE must first make a written request to
the designator that (1) identifies the general categories of HIGHLY
CONFIDENTIAL

–

ATTORNEY

EYES

ONLY

or

HIGHLY

CONFIDENTIAL – SOURCE CODE information that the receiving party
seeks permission to disclose to the expert, (2) sets forth the full name of the
expert and the city and state of his or her primary residence, (3) attaches a
copy of the expert’s current resume, (4) identifies the expert’s current
employer(s), (5) identifies each person or entity from whom the expert has
received compensation or funding for work in his or her areas of expertise
(including in connection with litigation) in the past five years, and (6)
identifies (by name and number of the case, filing date, and location of
court) any litigation where the expert has offered expert testimony,
including by declaration, report, or testimony at deposition or trial, in the
past five years. If the expert believes any of this information at (4) - (6) is
subject to a confidentiality obligation to a third party, then the expert should
provide whatever information the expert believes can be disclosed without
-6___________________________________________________________

STANDING PROTECTIVE ORDER

1

violating any confidentiality agreements, and the party seeking to disclose

2

the information to the expert shall be available to meet and confer with the

3

designator regarding any such confidentiality obligations.

4

4.4.3 A party that makes a request and provides the information

5

specified in paragraphs 4.4.1 or 4.4.2 may disclose the designated material to

6

the identified in-house counsel or expert unless, within seven days of

7

delivering the request, the party receives a written objection from the

8

designator providing detailed grounds for the objection.

9

4.4.4 All challenges to objections from the designator shall proceed

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

under L.R. 37-1 through L.R. 37-4.
5.

SOURCE CODE
5.1

Designation of Source Code. If production of source code is

necessary, a party may designate it as HIGHLY CONFIDENTIAL – SOURCE
CODE if it is, or includes, confidential, proprietary, or trade secret source code.
5.2

Location

and

Supervision

of

Inspection.

Any

HIGHLY

CONFIDENTIAL – SOURCE CODE produced in discovery shall be made
available for inspection, in a format allowing it to be reasonably reviewed and
searched, during normal business hours or at other mutually agreeable times, at an
office of the designating party’s counsel or another mutually agreeable location.
The source code shall be made available for inspection on a secured computer in a
secured room, and the inspecting party shall not copy, remove, or otherwise
transfer any portion of the source code onto any recordable media or recordable
device. The designator may visually monitor the activities of the inspecting party’s
representatives during any source code review, but only to ensure that there is no
unauthorized recording, copying, or transmission of the source code.
5.3

Paper Copies of Source Code Excerpts. The inspecting party may

request paper copies of limited portions of source code that are reasonably
necessary for the preparation of court filings, pleadings, expert reports, other
-7___________________________________________________________

STANDING PROTECTIVE ORDER

1
2
3

papers, or for deposition or trial. The designator shall provide all such source code
in paper form, including Bates numbers and the label “HIGHLY CONFIDENTIAL
– SOURCE CODE.”

4
5
6
7
8
9
10
11
12
13

5.4

individual who has inspected any portion of the source code in electronic or paper
form, and shall maintain all paper copies of any printed portions of the source code
in a secured, locked area. The inspecting party shall not convert any of the
information contained in the paper copies into any electronic format other than for
the preparation of a pleading, exhibit, expert report, discovery document,
deposition transcript, or other Court document. Any paper copies used during a
deposition shall be retrieved at the end of each day and must not be left with a
court reporter or any other unauthorized individual.
6.

14
15
16
17
18
19
20
21
22
23
24
25
26
27

Access Record. The inspecting party shall maintain a record of any

PROSECUTION BAR
Absent written consent from the designator, any individual who receives

access to HIGHLY CONFIDENTIAL – ATTORNEY EYES ONLY or HIGHLY
CONFIDENTIAL – SOURCE CODE information shall not be involved in the
prosecution of patents or patent applications concerning the field of the invention
of the patents-in-suit for the receiving party or its acquirer, successor, predecessor,
or other affiliate during the pendency of this action and for one year after its
conclusion, including any appeals. “Prosecution” means drafting, amending,
advising on the content of, or otherwise affecting the scope or content of patent
claims or specifications. These prohibitions shall not preclude counsel from
participating in reexamination or inter partes review proceedings to challenge or
defend the validity of any patent, but counsel may not participate in the drafting of
amended claims in any such proceedings.
7.

PROTECTED

MATERIAL

SUBPOENAED

OR

ORDERED

PRODUCED IN OTHER LITIGATION

28

-8___________________________________________________________

STANDING PROTECTIVE ORDER

1
2
3
4
5

7.1

compliance with a lawful subpoena or court order. The purpose of the duties
described in this section is to alert the interested parties to the existence of this
Order and to give the designator an opportunity to protect its confidentiality
interests in the court where the subpoena or order issued.

6
7
8
9
10

Subpoenas and Court Orders. This Order in no way excuses non-

7.2

Notification Requirement. If a party is served with a subpoena or a

court order issued in other litigation that compels disclosure of any information or
items designated in this action as CONFIDENTIAL, HIGHLY CONFIDENTIAL
– ATTORNEY EYES ONLY, or HIGHLY CONFIDENTIAL – SOURCE CODE,
that party must:

11

7.2.1 Promptly notify the designator in writing. Such notification

12

shall include a copy of the subpoena or court order;

13

7.2.2 Promptly notify in writing the party who caused the subpoena

14

or order to issue in the other litigation that some or all of the material

15

covered by the subpoena or order is subject to this Order. Such notification

16

shall include a copy of this Order; and

17

7.2.3 Cooperate with all reasonable procedures sought by the

18

designator whose material may be affected.

19
20
21
22
23
24
25
26
27

7.3

Wait For Resolution of Protective Order. If the designator timely

seeks a protective order, the party served with the subpoena or court order shall not
produce any information designated in this action as CONFIDENTIAL, HIGHLY
CONFIDENTIAL – ATTORNEY EYES ONLY or HIGHLY CONFIDENTIAL –
SOURCE CODE before a determination by the court where the subpoena or order
issued, unless the party has obtained the designator’s permission. The designator
shall bear the burden and expense of seeking protection of its confidential material
in that court.
8.

UNAUTHORIZED DISCLOSURE OF DESIGNATED MATERIAL

28

-9___________________________________________________________

STANDING PROTECTIVE ORDER

1
2
3
4
5
6
7
8
9

If a receiving party learns that, by inadvertence or otherwise, it has disclosed
designated material to any person or in any circumstance not authorized under this
Order, it must immediately (1) notify in writing the designator of the unauthorized
disclosures, (2) use its best efforts to retrieve all unauthorized copies of the
designated material, (3) inform the person or persons to whom unauthorized
disclosures were made of all the terms of this Order, and (4) use reasonable efforts
to have such person or persons execute the Agreement to Be Bound (Exhibit A).
9.

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

PRODUCTION

OF

PRIVILEGED

OR

OTHERWISE PROTECTED MATERIAL

10
11

INADVERTENT

When a producing party gives notice that certain inadvertently produced
material is subject to a claim of privilege or other protection, the obligations of the
receiving parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B).
This provision is not intended to modify whatever procedure may be established in
an e-discovery order that provides for production without prior privilege review
pursuant to Federal Rule of Evidence 502(d) and (e).
10.

FILING UNDER SEAL
Without written permission from the designator or a Court order, a party

may not file in the public record in this action any designated material. A party
seeking to file under seal any designated material must comply with L.R. 79-5.1.
Filings may be made under seal only pursuant to a court order authorizing the
sealing of the specific material at issue. The fact that a document has been
designated under this Order is insufficient to justify filing under seal. Instead,
parties must explain the basis for confidentiality of each document sought to be
filed under seal. Because a party other than the designator will often be seeking to
file designated material, cooperation between the parties in preparing, and in
reducing the number and extent of, requests for under seal filing is essential. If a
receiving party’s request to file designated material under seal pursuant to L.R. 795.1 is denied by the Court, then the receiving party may file the material in the
-10___________________________________________________________

STANDING PROTECTIVE ORDER

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17

public record unless (1) the designator seeks reconsideration within four days of
the denial, or (2) as otherwise instructed by the Court.
11.

FINAL DISPOSITION
Within 60 days after the final disposition of this action, each party shall

return all designated material to the designator or destroy such material, including
all copies, abstracts, compilations, summaries, and any other format reproducing
or capturing any designated material. The receiving party must submit a written
certification to the designator by the 60-day deadline that (1) identifies (by
category, where appropriate) all the designated material that was returned or
destroyed, and (2) affirms that the receiving party has not retained any copies,
abstracts, compilations, summaries, or any other format reproducing or capturing
any of the designated material. This provision shall not prevent counsel from
retaining an archival copy of all pleadings, motion papers, trial, deposition, and
hearing transcripts, legal memoranda, correspondence, deposition and trial
exhibits, expert reports, attorney work product, and consultant and expert work
product, even if such materials contain designated material. Any such archival
copies remain subject to this Order.

18

IT IS SO ORDERED.

19

DATED: January 29, 2015

20

_____________________________________
Magistrate Judge

21
22
23
24
25
26
27
28

-11___________________________________________________________

STANDING PROTECTIVE ORDER

1

EXHIBIT A

2

AGREEMENT TO BE BOUND

3

I, _____________________________ [print or type full name], of

4

_________________ [print or type full address], declare under penalty of perjury

5

that I have read in its entirety and understand the Protective Order that was issued

6

by the United States District Court for the Central District of California on

7

_______ [date] in the case of MAHTAB TAGHIPOURIAN v. TARGET STORES, et

8

al., by the United States District Court of California, Central District, Case No.

9

SACV13-01848 AG (JPRx). I agree to comply with and to be bound by all the

10

terms of this Protective Order, and I understand and acknowledge that failure to so

11

comply could expose me to sanctions and punishment for contempt. I solemnly

12

promise that I will not disclose in any manner any information or item that is

13

subject to this Protective Order to any person or entity except in strict compliance

14

with this Order.

15

I further agree to submit to the jurisdiction of the United States District

16

Court for the Central District of California for the purpose of enforcing this Order,

17

even if such enforcement proceedings occur after termination of this action.

18

I hereby appoint __________________________ [print or type full name] of

19

_______________________________________ [print or type full address and

20

telephone number] as my California agent for service of process in connection with

21

this action or any proceedings related to enforcement of this Order.

22

Date: ___________________________

23

City and State where sworn and signed: _________________________________

24

Printed name: ____________________

25

[printed name]

26

Signature: _______________________

27
28

-12___________________________________________________________

STANDING PROTECTIVE ORDER

1
2

PROOF OF SERVICE
FRCP 5
State of California

3
4
5
6
7
8
9

County of Orange

)
) ss.
)

I, XXX, the undersigned, am over the age of 18 years and not a party to this
action. I am employed with the law firm of Trachtman & Trachtman, whose
address is 23046 Avenida De La Carlota, Suite 300, Laguna Hills, California
92653.
On XXX, 2014, I served the interested parties in this action with the
following documents:

10

XXX

11
12
13

as follows:
[X] BY ELECTRONIC TRANSMISSION:

14

Sean Sasan Vahdat, Esq.
[e-mail]

15
16
17
18

Evan L. Ginsburg, Esq.
[e-mail]
I caused such document to be electronically transmitted via United States
District Court, Central District of California, which is then printed and
maintained with the original documents in our office.

19
20
21
22
23
24
25
26

[ ] BY MAIL: I deposited such envelope in the mail at Laguna Hills,
California. The envelope was mailed with postage thereon fully prepaid. I am
“readily familiar” with the firms’ practice of collection and processing
correspondence for mailing. Under that practice it would be deposited with U.S.
postal service on that same day with postage thereon fully prepaid at Laguna Hills,
California in the ordinary course of business. I am aware that on motion of the
party served, service is presumed invalid if postal cancellation date or postage
meter date is more than one day after date of deposit for mailing in affidavit.
( ) placing ( ) the original ( ) a true copy thereof enclosed in the sealed envelopes
addressed as follows:

27
28

///
-13___________________________________________________________

STANDING PROTECTIVE ORDER

1
2

///

3

///

4
5
6
7
8
9
10

Sean Sasan Vahdat, Esq.
Law Offices of Sean S. Vahdat &
Associates
7700 Irvine Center Drive, Suite 800
Irvine, CA 92618
T: [phone]
F: [phone]
Attorneys for Plaintiff Mahtab
Taghipourian

Evan L. Ginsburg, Esq.
Law Offices of Evan L. Ginsburg
440 E. Commonwealth Ave., Suite 100
Fullerton, CA 92832
T: [phone]
F: [phone]
Attorneys for Plaintiff Mahtab
Taghipourian

11
12

I declare under penalty of perjury under the laws of the State of California
that the above is true and correct.

13
14

Executed on XXX, 2014, at Laguna Hills, California.

15
16

XXX, Declarant

17
18
19
20
21
22
23
24
25
26
27
28

-14___________________________________________________________

STANDING PROTECTIVE ORDER